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Fort St. George and Bombay, with a discretionary power to act without the concurrence of their respective councils. Under all these circumstances, he felt it necessary to solicit an elucidation of this new system from the ministers of the Crown.

be so, the order of the day fully proved. The new clauses, however, which had been introduced, in order to rectify the old blunders, or rather under pretence of having that for their object, went much farther, and tended to establish a system, that in his opinion was multiplied with inconsistencies, and fraught with injurious Lord Walsingham contended, that there restrictions. There seemed to be some- was not, in the present Bill, any reflecthing levelled at the commander in chief, tion whatever meant on the conduct of general Sloper, by the first provisional general Sloper, and that his appointment clause in the Bill, where he was incapa- was not at all considered when the clauses citated from sitting at the council in any alluded to were introduced. There was a of the presidencies. Why this interdic- general benefit meant in the alteration ; tion was introduced, it would be requisite and it would respect every commander in for ministers to demonstrate, or it might chief, as well as the able and experienced be a supposition not ill-founded to ima- officer now commanding the military in gine, that the disappointment which a that part of the world. The principle of certain person met in general Sloper, and the Bill had for its object that which the not his friend being appointed, had ope- former Bill intended; there was no part of rated in the introduction of this disgrace- the intention abandoned, the meaning was ful clause. There certainly did not appear still the same-a reform in the executive on the face of the Bill, in its preamble, or government of India, a reform which was in any of its contents, one reason to war- most loudly called for. As to any new rant so flagrant a departure from what powers given to the governor-general, had been considered as an actual part of they were such as were found expedient the necessary appendage to the conse- to the system established. A division of quence, as well as the power of a com- sentiment, of political sentiment, whether mander in chief. That the governor- from private pique or from public motives, general should be invested with great had too often stopped the operations of power, was a truth, which experience had government in that part of the world, taught us to be salutary to the politics of created confusion and multiplied difficulIndia; but that he should have new and ties. To avoid this in future, and to put extraordinary powers given him, required into the hands of the governor those more arguments to demonstrate, than had powers, without which his executive goyet been adduced in any discussion on the vernment must be impeded, were the topic of India. He was led to make this great outline of one part of the system; remark, from that part of the Bill which and he begged the House to recollect, ran to this effect: "That so much of the that it was by the exertion of such auformer Act should be repealed as ap- thority that India was saved by lord Clive. pointed, that in case of sickness of any of Many other instances, where it was rethe counsellors of Fort William, Fort St. quisite that the governor-general should George and Bombay, or in case of their have this extensive authority, must be in absence for fourteen days, the senior civil the memory of all acquainted with the servant of the Company on the spot should transactions of India, and it was on the succeed." For this repeal introduced a most mature deliberation, and from the new mode, which was, that such civil best established premises that the concluofficer should be at least twelve years re- sions were drawn on which the present sident in India. This was an interdiction system respecting India was founded. to the employment of men of merit in As to any disappointed views of any percases of emergency, unless they had en- son with whom he had the honour to act, titled themselves to the situation by twelve he knew not what the noble earl could years servitude. It would be necessary mean. General Sloper was an officer of for ministers to explain the reasons for high estimation; and as he had not comthis alteration in the old laws of the Committed any fault to deserve disapprobapany. There were other clauses, which also came within the same questionable shape, in respect to empowering the governor-general of Fort William, in Bengal, and the several governors or presidents of

tion, it was not natural to suppose that an act of parliament would be passed, in which a clause was introduced to give him personal offence.

Viscount Stormont observed, that he

refrained from opposing the least amend-swer, declared, that they were totally out ment in the former Bill which passed, be- of the question, as the matter entirely lay cause it was in itself so absurd, so ridicu- with the board. Thus sent backwards lous, so inefficacious, so unconstitutional, and forwards, when application was made, and so oppressive, that any alteration must it was a pretty evident truth that the prebe an amendment. And yet in these al- sent system was to take away all responsiterations, as was justly observed by the bility in respect to India. This was so noble earl who spoke first, there were a totally different from the practices to variety of errors-errors of a very capital which this constitution had been habinature, which the noble lord who rose to tuated, that there was every reason to defend the principle of the Bill was not so warrant a disapprobation of the ministerial happy as, in his mind, to remove. The plan in respect to India. The whole opefirst Bill was indeed a most pernicious bill, rations of Government were bad; for as to and yet, even pernicious as it was, ministers system, or any thing like system, it was so highly plumed themselves upon its jus- not to be found in their conduct; a kind tice and its purity, that they actually de- of heterogeneous mass of contradictions clared that they should plant their exist- and weakness marked all their transactions. ence in office and their characters as They had neither strength nor stability. statesmen, upon its rectitude, its efficacy, He could not avoid again turning to the and its faultless political wisdom. Yet situation of general Sloper, whose characbefore that very Bill had been many months ter as an officer was held in high repute. in India, and almost as soon as its execu- What did the present Bill effect in respect tive clauses began to operate, ministers to that officer? It wounded the soldier in found themselves under the necessity of his honour, without affording him dignity repealing some of its most essential parts. in his disgrace, or splendour in retirement. The noble lord had declared, that this Bill He mentioned those terms, because his did not mean to injure, or curtail the dismissal from the council must be conpower of general Sloper personally; but strued into disgrace, and the consequent that it went to all commanders in chief, giving up of his military command, must who might be appointed in future, as well make him retire from service. As to the as to him. Was this the real fact, and clause which gave to the commander in was there not some sudden cause-some chief such extensive powers, he was consecret motives in the transaction, which fident that the noble lord, who by his could not meet the face of open day, and recent appointment was to enjoy them, stand the test of truth? The injury done would not abuse his trust; but it should be to the general was not indeed openly considered it might one day happen that pointed-it was a blow in ambush-it was some man; with the ambitious mind of an oblique command to him to resign Cromwell, might find himself at the head his authority, because, after passing this of the council and of the army in that Act, he could no longer hold it with ho- part of the world, and there clothed with nour to himself, nor with credit to the a supreme authority, and with unlimited profession. This, no doubt, was a cir- control, he might look to a degree of cumstance, which the framers of the Bill supremacy which should ever deprive this knew, when they introduced the clause to kingdom of its Asiatic dominions. He did deprive him of his seat at the council not mean by this, that the hands of the board. As the India business was now governor-general should be tied up so as established, there did not appear any per- to prevent him from exercising a very son who was actually responsible to the great authority, because in the nature of public for the transactions of that empire. the case, from his situation, and a variety There was not any one to apply to from of other very extraordinary circumstances, whom a satisfactory answer could be had, he should be armed with the most ample or who deemed himself actually amenable and extensive powers; but he should not to the laws of his country. There was an have those powers in the extraordinary evident proof of this upon record; manner, and under the still more extraor tain papers were moved for, which the dinary restrictions of the present Bill. House denied as dangerous, in the very Their lordships would please seriously to moment when the Board of Control said, attend to the clauses mentioned by a noble they had nothing to do with the matter, earl (Fitzwilliam), to the ridiculous, and, as it was commercial, and when the Court in a variety of other respects, the injurious of Directors, in consequence of that an- tendency of the whole. To what hardships

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must a governor-general be reduced, who having experienced civil officers of the highest integrity, from whom the best advice and most complete assistance in times of great public difficulty and danger was to be expected, yet could not bring them into council, because they had not been twelve years in India! Did the clime so ripen the ideas of men by residence, that there was no man under the standard of twelve years experience, who was fit to advise in cases of emergency? or were the governors always to be considered such intelligent men, that on the moment of their landing, their abilities intuitively partook of such exquisite discernment, as to point out to them, in case the accidents of death, absence, or sickness in the respective councils happened, who were the most proper persons to supply the places of absent members? The new clause gives that power with that provision; and the one in the former Bill, which appointed the senior officers to succeed, is repealed. It is repealed as the Bill recites, but not as the noble lord in office proved, because it had been productive of difficulty and embarrassment. Of what difficulty, or what embarrassment, some noble lord may probably have an idea; but for his part, it was beyond his comprehension. He did not by this mean to say, that the clause in the former Bill was a good one. His intention was to prove, that by what was called an amendment, the executive part of the government in India was rendered more difficult. As to the commander in chief, he must again touch upon that subject, and recite the clause to the House. It contained something curious in its reasoning, if reasoning it might be called. It recited, "That it may be more expedient that any such commander in chief should not, by virtue of his office, be a member of any of the respective councils in India, unless he was specially appointed thereto; and, therefore, that so much of the former act as did direct, that the commander in chief for the time being, or the commander in chief in the presidency of Fort St. George and Bombay, had voices in the council, should be repealed." To this there was indeed a provision added, that nothing should extend to preclude the court of directors from appointing the commander in chief to be governor-general, or from appointing the governor-general to be commander in chief; for which last purpose it was most probable that the clause had been introduced. But the

most extraordinary clause in the Bill was, that which declared that it would greatly tend to the strength and security of the British possessions in India, and give energy, vigour, and dispatch to the measures and proceedings of the executive government, if the governor-general of Fort William in Bengal, and the governorsgeneral of Fort St. George and Bombay, were vested with a discretionary power to act without the concurrence of their respective councils, thereby subjecting themselves personally to answer to their country for what they might do. This clause effectually put an end to the power of the council, and reduced them to mere cyphers: indeed, the Bill went so far as to put it into the power of a governor-general to suspend persons at his own pleasure, and without assigning any cause whatsoever. He did not now mean to oppose the Bill any farther than to give notice, that he thought many amendments were necessary.

Lord Sydney remarked, that general Sloper was an officer for whom he had the highest regard, nor would he ever consent to a clause in the Bill, if that clause came within the descriptive intention alluded to. As to what had fallen from the noble viscount respecting responsibility, he could inform their lordships, that the Board of Control were responsible with their lives, their honours, and their names. If any injury had been done by abstracting the commander in chief from the Council Board, there were means of retribution. But, surely, the descriptions of the noble viscount were not warranted by existing facts.

The Earl of Carlisle having observed, that the noble lords in office appeared to contend, that the judicature at home were responsible for what they did, expressed his wishes to know how this could be proved, when the subject of complaint was shifted from the board to the direc tors, and from the directors to the board. The directors and the court of judicature were fortified and secured from all responsibility to the public; and what must be the result of this security? The guilty escaped unpunished, and Indica enormities might continue in the fullness of rapine, plunder, and oppression. The palliative offered by the noble lord in office to the wounded honour of a soldier, could never be acceptable. Where was the retribution which could wipe away the disgrace of a parliamentary act of dis

was,

his conduct, and then they propose an oath. Now the question in this respect whether the oath bent him more than the responsibility, or the responsibility more than the oath; and in another point of view, it was, whether he could with safety take that oath? In the common course of reason it appeared, that he could; and on this account-the oath was a solemn declaration, that the governor-general, in his conscience and judgment, swore that he was convinced that it was essentially conducive to the interests of the East India Company, or to the safety or tranquillity of the possessions in India, that the order and resolutions now made, declared, and recorded, &c. should, and ought to be made in the council there. Was it possible that any man laying his hand upon his heart could take such an oath, and say he had sworn the truth? Nay, the oath went farther :it declared in the same solemn manner from the mouth of the governor-general, that he conceived himself bound in duty to order and command the same to be recorded on opposition, and notwithstanding the dissent of every other member of the council. A man in this case, who accept

respect to an officer openly appointed by Government, and to whose merit that Government paid, in words, the highest respect, whilst in deeds they were doing it the most essential injury? What palliative could ministers offer, that a soldier in such a case could accept? What excuse could they make for an act of perfidy? Neither promotion nor money could excuse them, or make him satisfaction. He was the man of their choice; and deservedly so, no doubt: but, strange to tell, before he had done any thing, almost as soon as he was landed in the place whither he was sent out, he is followed by an act of parliament to degrade him; in short, to force him to give up that command with which he had just been honoured, but which it was found expedient to make him resign, that the political principles of disappointed consequence at home might be satisfied. This, in fact, was the origin of the clause for exempting the commander-in-chief from the council; for it did not at all answer the purposes of the new India scheme of government, that one person high in office should be a watch or a check upon another. It was found necessary to establish a despoticed the governor-generalship of India, must government in that part of the world, and to prevent as much as possible any cries of Asiatic distress, any complaints of Eastern tyranny, from reaching the courts of British justice. He begged that it might not be understood, that he meant even the most distant reflection on the character of the newly-appointed governorgeneral. He was a man too high in honour, probity, and patriotic spirit, to be bribed by any set of men in the word. He was a person with whom he had long held an intimate acquaintance, and to whose character no panegyric, though ever so high, could do more than common justice. He much feared, that the unsuspecting disposition of this noble lord had laid him open to the snares of political men, and that he, as a bright character of justice, was to be led innocently into a system of government, where indeed his heart and inclination would never permit him knowingly to err; but where the principles of the Bill under which he was to act, must either lead him into unintentional criminality, or into speedy resignation. He begged the House to attend to the circumstance of the oath. The India Company gave a man the most absolute command, under an act of parliament, which has a clause to make him responsible for [VOL. XXV. ]

have a very complying conscience upon oath; or, at least, a conscience that relied for its purity on the purity of others. How could any man swear that he was convinced in his judgment and conscience that a matter was absolutely conducive to the interests of a trading company, when he had not examined what passed at home as well as what passed abroad? and when it was impossible for him to know, on account of the distance and the fluctuations of politics, that which was essentially conducive to the interests of the Company?

The Earl of Abingdon said:-My Lords; I do not rise to enter into the discussion of Indian politics, their remoteness from hence has pretty well kept them out of the reach of my inquiry, and their complexion has not (hitherto at least) been of that cast as to make them either the wish of curiosity, or the object of improvement to me; and when I have said this, I have perhaps offered two of the best reasons that can be given in support of a Bill that means by its provisions not to govern India in England, but to remove those politics from the fountain-head of government, and to confine their exercise as much as may be to the spot of their existence, and to the channel in which they have been accustomed to flow: but, my [4 R]

lords, meaning to give my assent to this Bill, I rise merely to state, and within the compass of a very few words, my reasons for doing so. It has been objected both within and without doors, and from the mouths of some not long since trained, at least not bred, in the school of such objections, that the powers intended to be vested in the governor-general, were absolute, were arbitrary, were despotic, were founded on a system of Tory principles, were destructive of the rights of the people, and subversive of the constitution of the country. Now, my lords, if this were so, I hope and trust your lordships would believe that I should be as anxious in my opposition, as I am now forward in my support. And yet, I will be free to say, that if these were even, in fact, the features of this Bill, and it was considered, by my opposition to-it, that I was to adopt the other system that has been proposed for the government of India, and thereby to class myself among the number of its adherents, I would not hesitate a moment in my determination; but, of two evils, choosing the least, my opposition would as instantly be turned to support. For, my fords, what was the other system? A system certainly not founded on Tory principles, but on what was said to be the principles of Whiggism. On principles setting up not only a new power in the constitution, but a new form of government in the state. On principles of wresting the executive power out of the hands of Majesty, and placing its dispensations in the hands of his subjects; in the hands of a chosen few, of an oligargichal band; under the circumstances of Eastern patronage, converted into English influence, that soon, very soon, would have left the constitution neither King nor Bishops, Lords, Commons, nor People, but as the whole was to be made subservient to the ambitious views of the few. If this then be Whiggism, let me disclaim that odious appellation, for myself. If it be Whiggism to have seven tyrants for the government of this country, and Toryism one, let me not be a Whig, but a Tory; for, my lords, is tyranny less or more tyrannical for being vested in the hands of many or of one? The question is an answer to itself; and therefore comparing these two Bills together, even under the description that has been given of the one now before your lordships, I should not hesitate, as I have said, in the choice that I was to make. But, my lords, when I

consider how totally groundless the impu tations that have been cast upon this Bill are, when I see (for those who run may read) that they are nothing more than the tallios of a Fox chace, and the cry of the pack to run down a minister, the approbation and sanction which I am led to give this Bill is, nor can be, but in proportion to the pleasure and satisfaction that I have in doing so.

The question that the Bill be com mitted, passed in the affirmative.

Debate in the Commons on the King's Message respecting the Civil List Debt.] March 29. Mr. Pitt presented the fol lowing Message from his Majesty: "GEORGE R.

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"It gives his Majesty great concern, that it has not been found possible to confine the necessary expenses of his civil government within the annual sum of 850,000l., now applicable thereto. farther debt has been necessarily incurred, an account of which he has ordered to be laid before the House.-His Majesty relies on the zeal and affection of his faithful Commons, that they will take the same into their early consideration, and make such provision as the circumstances may appear to them to require."

April 5. The House having resolved itself into a Committee of Supply, to which the said Message was referred,

Mr. Pitt said, that no measure could possibly be more painful to his feelings, than that of proposing any new expense in addition to those under which the public already laboured. It was also an object of the deepest concern to his Majesty, once more to recur to the liberality of Parliament for the means of relieving his civil list from the incumbrances with which it was embarrassed. Before he made his motion on the subject of the Message just read, he would state such circumstances as, he believed, would fully reconcile the House to the propriety of complying with the desire of his Majesty; and first, he could take upon him to declare, that there had been no endeavour omitted to reduce as much as possible the expenses of the civil government, and of his Majesty's household, within the sum of 850,000l. which was the amount of what at present was allowed for that establishment. When the last regulation took place with respect to the civil list, it was provided by Parliament,

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